Our eviction legal advisers specialises in urgent eviction notices in Cape Town. Eviction, additionally distinguished in various places as an unlawful detainer, could be a complex action to traverse.
In essence, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) offers procedures for eviction of unauthorised tenants and restrains illegal evictions. The primary intention of the Act is to provide protection to both occupiers and landlords. The home owner or landlord needs to observe the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they wish to remove a tenant.
Tenants Not Paying Rent
The responsibilities of lessees together with landlords are protected in statutory, and non-statutory law in South Africa.
That it resides in property owners primary interests nevertheless to cancel the lease and evict the defaulting occupants without delay as the key concern ought to be to removed and replace a non-paying lessee with a paying tenant.
Getting Tenants Out
Lessors which do not deliver an eviction request in good time or follow the right legal procedures might just need to withstand a long and expensive process.
Lease Agreements
A good lease agreement ought to carry a infringement provision with it outlining the outcomes of breaching one of the terms of the lease contract. It is then up to the owner just how much lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction proceedings. Most importantly one must demonstrate to a judge that there certainly is and will be serious personal injury to persons (this may include the wrongful occupiers themselves) or damages to property if the court order does not get granted. An emergency eviction is so effective, that it offsets the defiant tenant or the illegal inhabitant to be ordered by the law court to abandon the home within 1 day, declining which the officer of the court is mandated to purposely evict the unauthorised occupier off the residential property.
Time & Cost of Evictions
In order to expel a lease holder in Gugulethu legitimately, the best way to lower costs and ultimately losses is to operate quickly and properly whilst steering clear of avoidable hold-ups. The rental fee arrears recuperation process is often launched hand and hand, and runs in combination to the application for the eviction proceeding.
Landlords Rights
Even though a solid lease agreement streamlines eviction procedures, the absence of a lease agreement doesn’t necessarily mean that unlawful tenants cannot be subject to an eviction. Find out more about
property owners duties and rights here.
Required Documents
The start should be to secure the signatured rental arrangement from the property owner and details of the infringements of the tenant. In case that the occupant cannot pay for rent, comprehensive specifics of the delinquencies should be supplied by the client.
- Facts of ownership
- The lease
- Financial transaction history of what is owed
- A detailed history of what has taken place
- A basis of loss or harm to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Phola Park in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the most popular legal in Cape Town. Having already acquired a track record for efficiency, Rubensteins is recognised in its field by its dedication to its clients, and its aptitude to discover inspired and innovative resolutions to even some of the most intricate of law challenges.
All these involve corporate & commercial to civil and criminal litigation, labour disputes, family or business dispute resolutions, family law together with property transactions. We endeavour to make lasting and ultimately meaningful relationships with our clients, to commit to their legal issues and ultimately be a part to their progression & their prosperity.
